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10-07-2008 Regular MeetingCity of Clermont MINUTES PLANNING AND ZONING COMMISSION October 7, 2008 Page 1 The meeting of the Planning & Zoning Commission was called to order Tuesday October 7, 2008 at 7:04 p.m. by Board member Nick Jones. Members present were Bill Banzhaf, Bernadette Dubuss, Robert Boyatt, Cuqui Whitehead and Judy Proli. Also in attendance were Barbara Hollerand, City Planner, Curt Henschel, City Planner, Dan Mantzaris, City Attorney, and Rae Chidlow, Administrative Assistant. MINUTES of the Planning and Zoning Commission meeting held September 2, 2008 were approved as written. REPORTS There were no reports. 1. REQUEST FOR A SMALL SCALE COMP PLAN AMENDMENT OWNER: James M. Johnson APPLICANT: Joseph Franklin Smith, III PROJECT NAME: Clermont Florist REQUESTED ACTION: Request to change the future land use from Non-Established District 3 (NED-3) Residential/Professional to NED-3 Commercial LOCATION: 487 Highway 50 EXISTING LAND USE: Multifamily residential FUTURE LAND USE: Non-Established District 3 (NED-3) Residential/Professional EXISTING ZONING: C-1 Light Commercial District City planner Barbara Hollerand stated that this first item is for asmall-scale comprehensive plan amendment for Clermont Florist. She stated the property location is 487 W. Highway 50, on the southeast corner of S.R. 50 and Fifth Street. She stated that the property owner is James M. Johnson, and the applicant is Joseph Franklin Smith, III, president of Clermont Florist. Ms. Hollerand stated that the request is to change the Future Land Use on the approximately .21- acre property from Non-Established District 3 (NED-3) Residential/Professional to NED-3 Commercial. She said it has C-1 light commercial zoning. Ms. Hollerand stated that the applicant is proposing to relocate his existing florist shop to this location. Currently, a dilapidated apartment building exists on the site. She stated that the applicant and his engineer are preparing plans for improvements to the building and site, which will be reviewed by City staff in during site review. Ms. Hollerand stated that this property qualifies for the small-scale comprehensive plan amendment process and will not be reviewed by the Florida Department of Community Affairs or the reviewing agencies. She stated that it will be final 31 days after adoption. She said that no City of Clermont MINUTES PLANNING AND ZONING COMMISSION October 7, 2008 Page 2 text changes to the comprehensive plan are necessary for this use. She stated that the applicant has also applied for six variances for the project which will be heard concurrently with the small- scale amendment request. Ms. Hollerand stated that currently there is commercial future land use to the north of the parcel, South Lake Truck Sales, and to the west, Cabbage Patch. She said to the south and east, the future land use is residential/professional. She stated that the zoning of all neighboring properties is also C-1. Ms. Hollerand stated that this area of the City has been in transition for several years. She said a small-scale comprehensive plan amendment that included the Cabbage Patch property was approved in 1998, and a second small-scale amendment for a property on the southeast corner of S.R. 50 and Fourth Street was approved in 2001. She stated that these two properties were granted an identical change-from Residential/Professional to Commercial in NED-3. She stated that more recently, in August 2007, the Jones property on the southwest corner of S.R. 50 and Lake Avenue was granted a change from Residential/Professional to Commercial, as well as a text change to NED-3 to allow automotive and truck repair service at that location. Ms. Hollerand stated that changes to commercial future land use for residential/professional properties along the south side of S.R. 50 are appropriate, provided that site design adequately addresses the protection of residential neighborhoods to the south. She said that aloes-impact retail use with C-1 zoning is an appropriate use for this location. Ms. Hollerand stated that staff received a letter from South Lake Truck Sales in favor of the request, and that staff recommends approval of the Future Land Use Map change. Arthur Nix, 17550 County Rd.455 Monteverde, stated he is the engineer for the property. He explained the project and stated the entrance from Highway 50 will be eliminated. Board member Banzhaf stated that this is a fantastic opportunity to clean up that corner. He stated it is all commercial on the other three corners. Board member Dubuss stated that she concurs with Mr. Banzhaf. Board member Proli stated that there is a lot of work for them to get the property up to par and she is in favor of it. Board member Whitehead stated she has been along-time resident of Clermont and lives on Fifth Street and has looked at that property for a long time. City of Clermont MINUTES PLANNING AND ZONING COMMISSION October 7, 2008 Page 3 Commissioner Whitehead moved to approve the request for the Small Scale Comp Plan Amendment, seconded by Commissioner Boyatt. The vote was unanimous to recommend for approval to City Council. 2. REQUEST FOR A SMALL SCALE COMP PLAN AMENDMENT APPLICANT: Barber/Hulk Heavy Transport City Planner Barbara Hollerand stated that in the staff memo, the request had been to table this item, however at this time they need to withdraw this item. Commissioner Whitehead moved to withdraw the request for the Small Scale Comp Plan Amendment, seconded by Commissioner Proli. The vote was unanimous to withdraw this item. 3. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT: Immanuel Temple Church, Pastor Daryl Forehand OWNER: Church of Our Lord Jesus Christ of the Apostolic Faith Inc. REQUESTED ACTION: Request for a CUP to operate a church in the R-3 zoning district. EXISTING ZONING: R-3 (Residential/Professional) SIZE OF PARCEL: 0.43 acres GENERAL LOCATION: 792 East Montrose St. (adjacent to and west of Ambassador Cleaners) EXISTING LAND USE: Vacant building FUTURE LAND USE DISTRICT: Undeveloped District - 3 (UD-3) FUTURE LAND USE CLASSIFICATION: Residential City planner Curt Henschel stated that the applicant intends to renovate and convert a vacant building into a church. He stated that this request has been approved four times before by the City, in 1998, 2000, 2003, and again in 2004. He stated that various reasons, such as land acquisition and parking constraints, kept the church from development. Mr. Henschel stated that the applicant has now redesigned the site plan and has designed a plan to utilize off-site parking. He stated that the off-site parking will be on a lot that the church already owns and is located just a few lots down from the proposed church. Mr. Henschel stated that the applicant is requesting variances for development which include a reduction of landscape buffer widths and offsite grass parking. Mr. Henschel stated that staff recommends approval of the request for a CUP to allow the operation of a church, provided a variance is obtained by City Council for off-site parking (condition #13.) City of Clermont MINUTES PLANNING AND ZONING COMMISSION October 7, 2008 Page 4 Daryl Forehand, 555 Pitt St., stated that they are ready to move forward with this project. Gladys Carthon, 791 Montrose Street, stated that she does not have a problem with a church being built there, but she needs to know when it will be built. She stated that it does look bad. Dale Mack, 13116 Summerlake Way, stated he does not have a problem with a church being put in that location. He stated he just inherited the property across the street from the church which is also an eyesore. He wanted to know what effect this church will have on him, as a new property owner. He said he plans to invest back into the apartments that he has inherited. Board member Whitehead stated that she would like to see this completed. She stated her only concern is with off-site parking. She asked if there are going to be evening services where people will have to walk down the street at night. Mr. Forehand stated that it is a very short walk and he does not foresee any problems. Board member Whitehead asked if there would be handicap parking near the church. Mr. Forehand stated that there will be handicap parking next to the church. Board member Proli asked why they coming to restore this building at this time. She stated the building looks like it should be condemned because there is so much work that needs to be done. She does not see where he will find the funding to complete this. Mr. Forehand stated that it was previously a bar, but the church purchased it and they restored it to 50% before, but the contractor walked away. He stated they did not have additional money after what he had already paid the contractor and could not move forward with the church. He stated that they looked at litigation but that was too expensive as well. Board member Proli stated that they have a great idea for a church, but the wrong location. She stated that it doesn't seem comprehensible that they would be able to put a church there without parking and in the shape the building is in. Board member Gray stated the applicant should not pay for work before it is completed. He stated it is not the Commission's concern as to whether the church has the finances to complete this project. He stated that it could only be an improvement to that area and neighborhood. Board member Jones stated that they are probably overdoing a small site. He stated that staff is bending over backward recommending approval of all the variances that are needed for this project. City of Clermont MINUTES PLANNING AND ZONING COMMISSION October 7, 2008 Page 5 Board member Banzhaf asked if there is still an ongoing code enforcement issue on this property. Mr. Henschel stated that staff wants them proceed forward to get the conditional use permit which will close the code enforcement case. He stated that there are established fines on this project and will be in effect until the project is brought into compliance. Board member Banzhaf stated that the fact that they have hired Mr. Nix shows they are serious about moving forward with this project. Commissioner Banzhaf moved to approve the request for the Conditional Use Permit, seconded by Commissioner Whitehead. The vote was 6-1 to recommend for approval to City Council, with Board member Proli denying. There being no further business, the meeting was adjourned at 8:35. L David P ATTEST: Rae Chidlow -Administrative Assistant